On arrival at your destination or on your return, have you found your baggage damaged on the plane? Find out how you can be compensated!
You’ve planned a wonderful trip, or you’ve just returned from an unforgettable adventure, but on arrival you’re unpleasantly surprised to find your luggage damaged on the plane! Just looking at the way our suitcases are loaded onto the aircraft, it’s easy to fear for their integrity. Damaged or even lost luggage in transit is not uncommon. It can happen to anyone!
If this is your case, you should know that the carrier is responsible for your baggage from the moment you drop it off at check-in until you pick it up after your flight. You can therefore assert your rights and be compensated in the event of damage to your baggage! In this article, we explain all the steps you need to take if your baggage is damaged on the plane.
First step: declare the damage as soon as possible
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The first step is to report damaged baggage as soon as possible. Don’t forget to check the integrity of your suitcase or bag as soon as you receive it at the airport. This is crucial if you want to be compensated quickly and easily.
You see the damage at the arrival airport
If you discover at the airport that your baggage has been damaged, you can contact an agent or your airline’s baggage department. They will explain the procedure for obtaining compensation. Generally, you’ll be asked to fill in a claim form. You’ll also receive a file number and confirmation to keep in a safe place. The airline will probably ask you for some simple information, such as your baggage tags or flight number. Make sure you keep these documents with you on every flight.
You did not notice the damage at the arrival airport
If you discover that your baggage has been damaged after leaving the airport, you have up to 7 days from receipt of your baggage to file a claim. In this case, you should contact your airline’s customer service department as soon as possible. You can either file your claim online, or send a letter to the airline. In the latter case, be sure to send your letter by registered mail with acknowledgement of receipt!
In all cases, and as soon as you notice the damage, we recommend that you call customer service to find out the correct procedure to follow. This way, you won’t be accused of any shortcomings or errors. If you have your damaged baggage repaired on the plane, you should also keep the invoice. The airline will probably ask you for it as proof. Finally, we recommend that you take photos of your damaged baggage to prove the damage you have suffered.
How much compensation can you expect for damaged baggage?
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With the first step, you have properly declared your damaged suitcase or bag during your flight. Thanks to this declaration, you will most likely receive compensation from your airline. However, this compensation is limited by law. Even if your loss exceeds the amount specified in the law. Compensation also depends on whether your flight is covered by the Warsaw Convention or the Montreal Convention. This information is normally indicated on your flight ticket. If it is not, you will need to contact the airline to find out.
You have traveled with a European airline
As a general rule, the ceiling depends on the origin of the airline. For a European airline, the maximum compensation for damaged baggage is around €1,391. This amount is set by the Montreal Convention.
You travelled with a foreign airline
For a foreign airline, under the Warsaw Convention, compensation is capped at 19 SDRs per kilogram of baggage, or around €23.40 per kilogram. SDR stands for Special Drawing Rights, a currency based on several international currencies. Compensation is calculated using this SDR currency.
Your damaged luggage contains valuables
These amounts are the maximum compensation you can receive for your damaged baggage. However, you can increase this ceiling if you are carrying valuables.
Unfortunately, you must first make a special declaration of interest when you check in your baggage, and pay a surcharge to the airline. By declaring the value of your baggage, you increase the airline’s liability limit. This will protect you in the event of a problem, should you be carrying valuables. In this case, the airline will have to compensate you for the amount declared. Without this declaration, it will be difficult or impossible to obtain compensation in excess of the amounts stipulated by law.
Your travel insurance can also compensate you
You should also check your travel insurance, which you may have taken out before your flight. Depending on the conditions, this insurance may cover part of the cost of any damage sustained. Of course, you can always assert your rights with the airline and obtain compensation from them!
What to do if you receive no reply or a refusal?
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Contact a mediator
You’ve taken the necessary steps to declare your baggage damaged, but you’ve had no response from the airline, or even a refusal? If your airline refuses to compensate you or does not reply within 2 months, you can refer the matter to the Tourism and Travel ombudsman. However, the airline must have signed the Mediation Charter. You can find all the information you need to contact this organization on the official French government website.
Taking legal action
If you are still unsuccessful, you can take your case to court. Your case is valid for two years from the date of injury. You can go directly to court, but the procedure can be long and arduous.
It should also be noted that when you take legal action, you can also claim damages for the loss suffered: loss or damage to baggage, replacement of lost items, etc.
Calling in a specialist company
To win your case, you can also turn directly to a collection or litigation service specializing in airline-related matters. These companies analyze your case, take it to court and help you obtain compensation. Above all, they save you the hassle of dealing with all the administrative and legal formalities!
These organizations can even take care of reminders before taking legal action. They can also help you in the early stages of your claim, and advise you on whether or not you are entitled to compensation. Once the case has been entrusted to the company, they will generally pull out all the stops to obtain a return. If they don’t, they’ll take the company to court on your behalf. This increases your chances of obtaining compensation, without having to manage the legal action. The company is generally remunerated by a percentage of the compensation and damages obtained.
How can I avoid damaged baggage on the plane?
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Finally, you can prevent damage to your luggage by protecting your checked baggage in advance.
- First of all, remember to pack all really fragile items in your hand luggage. You’ll avoid the risk of damage. If you ever need to leave valuable or fragile items in your hold baggage, you should consider making a prior declaration. You may have to pay a surcharge, but you’re sure to be compensated for these valuables in the event of damage.
- Secondly, you can film your suitcases and luggage at the airport for added protection. What’s more, if you’re planning to carry something fragile like a glass bottle, be sure to protect it and place it in the center of the suitcase.
- Thirdly, choose solid, sturdy luggage for your travels. A sturdy suitcase will last you many years, even a lifetime! Inside, your belongings will be well protected against shocks. This considerably reduces the risk of receiving damaged luggage on arrival. No one wants to start a vacation or a trip with a glitch of this kind.
Now you’re ready for the day when you find your luggage damaged on the plane. Nevertheless, we hope nothing happens!